GS-35F-0554M-010.doc

VHAPM Part 808.405-6 Limiting Sources

Attachment 2: Request for Limited Sources Justification Format >SAT

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID: 36C776-19-AP-3038

1. Contracting Activity:

U.S. Department of Veterans Affairs

Program Contracting Activity Central (PCAC)

6150 Oak Tree Blvd., Suite 300

Independence, Ohio 44131

2. Description of Action: This acquisition is conducted under the authority of the Multiple-Award Schedule Program (41 U.S.C. 251 and 40 U.S.C. 501.

The Department of Veterans Affairs (VA), Veterans Health Administration and Workforce Management, Human Resources Development (HRD) support the learning and professional development needs of approximately 6,000 HR Professionals across the agency. HRD provides training services to support closing current and previously identified competency gaps among the VA HR Workforce. Annually, HRD administers a competency gap assessment to identify existing gaps and develops and/or delivers training and learning opportunities to target closing gaps. Stakeholders include VA HR Professionals and HR Leadership across the Administrations: Veteran Health Administration (VHA), Veterans Benefits Administration (VBA), National Cemetery Administration (NCA), and Staff Offices. HRD has a need for Contractor support to provide a hosted system-wide, web-based classroom system known as a Virtual Learning Environment (VLE) e.g. Blackboard® with bi-directional integration with VA’s Talent Management System (TMS) with agile, Ultra features or its expected successor Learning Employee Development (LED) system (Success Factors) to centrally track and manage employee participation and completion records to deliver asynchronous and synchronous (virtual instructor led) human resources (HR) training. Additionally, HRD has a need for contractor support to provide a VLE with community engagement modules to facilitate community of practices. HRD’s current course suite is housed in Blackboard © and the enhanced agility of Ultra allows us to maintain agile services without interruption, while updating course offerings readily.

Order against: FORMCHECKBOX FSS Contract Number: GS-35F-0554M

3. Description of Supplies or Services:

The estimated value of the proposed action is XXXX.XX for a base year, and three (3) Options periods The VA intends to noncompetitively procure Virtual Learning Environment (VLE) from Blackboard, Inc., Massachusetts Ave NW Floor 6, Washington DC 20001. Blackboard, Inc. has been the VLE provider used by the VA HRD for the almost four years and has the historical records for previous estimates.

The proposed action is for a twelve-month base period firm-fixed price (FFP) for delivery renewal of licenses/accounts to the Blackboard Website with three (3) option periods. The proposed effort will be awarded under the General Services Administration (GSA) Federal Supply Schedule (FSS) GS-35F-0554M to Blackboard, Inc.

The license for access to the supplies, maintenance services, and contractor support necessitated to meet the agency’s needs require contractor support to provide a hosted, system-wide, web-based classroom system known as a Virtual Learning Environment (VLE), e.g., Blackboard® with bi-directional integration with VA’s Talent Management System (TMS) (SuccessFactors) to centrally track and manage employee participation and completion records to deliver asynchronous and synchronous (virtual instructor led) human resources (HR) training. Additionally, the HR Academy has a need for contractor support to provide a VLE with community engagement modules to facilitate community of practices.

The continued use of Blackboard will allow the VA to utilize previously developed training materials and continual learning capabilities for VA users globally without having to create a new training platform to meet VA required training requirements. This acquisition will also allow the VA to maintain the current level of accurate and efficient training practices. Only one source is reasonably available.

(4) IDENTIFY THE AUTHORITY AND SUPPORTING RATIONALE (see 8.405-6(a)(1)(i)(A), (B), and (C) or 8.405-6(b)), AND IF APPLICABLE, A DEMONSTRATION OF THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS TO PROVIDE THE REQUIRED SUPPLY OR SERVICE.

FORMCHECKBOX

Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized;

The previous effort was awarded on September 30th, 2015 under the General Services Administration (GSA) Federal Supply Schedule (FSS) GS-35F-0554M to Blackboard, Inc, for 12 months base and three (3) option periods. The contract type was firm fixed price (FFP) under a sole source acquisition. Market research was conducted via a GSA search, telephonic communications, VIP query and Sole Source Notice publication in FBO. These efforts did not yield any additional sources that can meet the Government’s requirements. There was no competition anticipated for this acquisition at the time of the award.

The current contract number GS-35F-0554M, order number VA119A-14-F-0111 for software licensing is set to expire on September 29, 2019. The needs of the HR Academy can only be satisfied by the unique competencies of the license accounts for the Blackboard Learn and Blackboard Collaborate software. Blackboard, Inc. is the Original Equipment Manufacturer (OEM) of the Blackboard Technical Support Services, Blackboard Managed Hosting Services, Blackboard Professional Services, Blackboard Collaborate and the sole provider of Blackboard Training Services for the Blackboard software. No other distributors are permitted to sell or provide software maintenance for any of Blackboard, Inc.’s products. Blackboard, Inc. has proprietary rights and has its software covered under U.S. Patent Number 6, 998, 138 for internet-based education support system and methods. The software is also protected by copyright and Blackboard, Inc., is the only source that can provide future releases, upgrades, and other software maintenance and support.

(5) DESCRIBE WHY YOU BELIEVE THE ORDER REPRESENTS THE BEST VALUE CONSISTENT WITH FAR 8.404(d) TO AID THE CONTRACTING OFFICER IN MAKING THIS BEST VALUE DETERMINATION:

The proposed source Blackboard, Inc, 650 Massachusetts Ave, NW, FL 6, Washington, DC 20001-3796. Blackboard, Inc., Learn and Blackboard (Bb) Ultra is a highly specialized web-based interface that provides a VLE for students. This software provides powerful capabilities that allow the Blackboard (Bb) Ultra to improve student outcomes and enhance teaching and learning potential.

(6) DESCRIBE THE MARKET RESEARCH CONDUCTED AMONG SCHEDULE HOLDERS AND THE RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED:

In accordance with FAR Part 10, market research has been conducted for this acquisition. The following techniques were used:

Market research was conducted via a GSA search, and telephonic communications. The results of which are in the attached market research document. These efforts did not yield any additional sources that can meet the Government’s requirements. There is no competition anticipated for this acquisition.

VetBiz.Gov

The vendor information page (VIP) at www.vetbiz.gov was queried on July 17, 2019 in an attempt to locate Service-Disabled-Veteran-Owned-Small-Business (SDVOSB) & Veteran-Owned-Small-Business (VOSB) concerns utilizing NAICS code 511210. The search produced 380 results. Vendors were emailed the notice of intent to sole source with an opportunity to provide comments. Zero response was received. See attachment 1.

FBO.gov An Intent to Sole Source was posted July 17, 2019 with due date July 31, 2019 12:00 pm eastern local for comments concerning the sole source. Zero response was received as a result of the posting. See attachment 2.

Based on the results of the market research conducted, the peculiarity and propriety of the items being requested prevent this acquisition from being solicited in a competitive manner. In accordance with FAR 5.301 and 8.405-6(a)(2), this action will be synopsized at award on the Federal Business Opportunities Page (FBO) and the justification will be made publicly available.

(7) ANY OTHER FACTS SUPPORTING THE JUSTIFICATION:

The Contracting Officer does not have a reasonable expectation of receiving at least two (2) offers from SDVOSB concerns and the award can be made at a fair and reasonable price. Further, since there are no authorized resellers of the subscription, Blackboard Inc is the only authorized distributor. Therefore, the “Rule of Two” has been considered, but is not able to be satisfied for this procurement.

(8) A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS THAT LED TO THE RESTRICTED CONSIDERATION BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR SERVICES IS MADE: N/A

(9) REQUIREMENTS CERTIFICATION: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge.

SIGNATURE

DATE

COR – WMC.HRD

(10) APPROVALS IN ACCORDANCE WITH THE VHAPM Part 806.3 OFOC SOP:

a. CONTRACTING OFFICER’S CERTIFICATION (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Contracting Officer - PCAC

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Supervisor - PCAC VHAPM Part 808.405-6 Limiting Sources

Original Date: 08/30/2017 Revision 01 Eff Date: 04/23/2018